CONFEDERATED TRIBES AND BANDS v. YAKIMA COUNTY

No. 19-35199.

963 F.3d 982 (2020)

CONFEDERATED TRIBES AND BANDS OF the YAKAMA NATION, a sovereign federally recognized Native Nation, Plaintiff-Appellant, v. YAKIMA COUNTY, a political subdivision of the State of Washington; City of Toppenish, a municipality of the State of Washington, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2020.


Attorney(s) appearing for the Case

Anthony S. Broadman (argued) and Joe Sexton , Galanda Broadman , Seattle, Washington; Ethan Jones , Marcus Shirzad , and Shona Voelckers , Yakama Nation Office of Legal Counsel, Toppenish, Washington; for Plaintiff-Appellant.

Kirk A. Ehlis (argued), Menke Jackson Beyer LLP, Yakima, Washington, for Defendant-Appellee City of Toppenish.

Don L. Anderson and Paul E. McIlrath , Prosecuting Attorney, Prosecuting Attorney's Office, Yakima, Washington, for Defendant-Appellee Yakima County.

Stacy Stoller (argued), William B. Lazarus , Amber Blaha , and Rachel Heron , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jeffrey Bossert Clark , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; for Amicus Curiae United States of America.

Kristen Mitchell , Deputy Attorney General; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Amicus Curiae State of Washington.

Before: Sandra S. Ikuta, Ryan D. Nelson, and Danielle J. Hunsaker, Circuit Judges.


OPINION

This case presents the question whether the State of Washington may exercise criminal jurisdiction over members of the Confederated Tribes and Bands of the Yakama Nation who commit crimes on reservation land. To answer that question, we must interpret a 2014 Washington State Proclamation that retroceded...

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